Contents
Academic literature on the topic 'Droit islamique – Réception'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Droit islamique – Réception.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Dissertations / Theses on the topic "Droit islamique – Réception"
Fixot, Sébastien. "La réception des contrats de la finance islamique en droit français." Thesis, Université de Lille (2022-....), 2022. https://pepite-depot.univ-lille.fr/ToutIDP/EDSJPG/2022/2022ULILD016.pdf.
Full textIslamic financial law has its source in the Shariah, composed of the Quran and the Sunna, but also in commercial practice and rulings of scholars. The thesis focuses on Islamic finance contracts, the system’s cornerstone. It intends to demonstrate their integration into French law requires no legislative reform. This implies studying the fundamental rules governing these contracts in order to first specify them, and then to identify their common purpose: contractual justice. Though they significantly differ from French law, they are neither completely foreign to – nor incompatible with – our own system, which multiplies the provisions protecting contractual balance. Starting from the observation that acceptance is possible, the question arises as to its modalities. French law’s liberalism leaves ample room for the integration of Islamic rules into the contract by their incorporation or by submission to a foreign law that enshrines them. Assuming the agreement is governed by French law, it is necessary to establish, on the basis of positive law, the legal framework of Islamic finance nominate contracts. Echoing the intention the French government has expressed in the wake of the financial crisis, this thesis highlights the possibility and the modalities of the integration of Islamic finance contracts into French law
Khallouki, Mustapha. "Droit musulman et jurisprudence française : la réception du droit musulman par les tribunaux français." Perpignan, 2009. http://www.theses.fr/2009PERP0950.
Full textFrance shares a very long story with the Muslim countries, in particular trough the episode of the colonization but especially through the wave of immigration which began in 1970. So The Muslim community had not only, to adapt to the French society characterized by the customs, the laic and citizens values; but also with laws in particular, and to the institutions generally. Therefore, the integration of the Muslims in France requires a particular approach in the right of persons and in that of the family, both reflecting directly the Islamic civilization and its right, inspired of religion However, it becomes more and more difficult to apply (or to set up) the muslim2 personal status in France because judges do not want a religious right which does not respect the irrefragable principle of Human Rights This thesis aims at demonstrating, in support of numerous stops(rulings) of the French case law of D. I. P, the difficulty
Zaher, Khalid. "Conflit de civilisations et droit international privé." Paris 1, 2007. http://www.theses.fr/2007PA010269.
Full textSouhair, Abdelaziz. "Le pouvoir judiciaire en pays d'Islam et sa réception au Maroc des Almoravides et des Almohades." Bordeaux 3, 1988. http://www.theses.fr/1988BOR30013.
Full textMorocco of the middle ages is a country with berber population. Its judicial organisation was founded on the berber us and customs. Islam expansion into the west (morocco) has transported many bases and values. For example, the judicial power which was assigned to qadi (judge) by calife (delegate). This judicial system has been applayed when morocco was islamized. Almoravides and almohades dynasties have brought in the same judicial system from east to morocco of the middle ages. Justice was practicised by qadi helped by auxiliarys : udul, mufti, muzzaki. The law applayed by qadi was the muslim right (fiqh) part of saria (muslim law). This judicial system included others judicial agents who competed with qadi. Those agents were : mazalim or king's court, surta or police hisba or customs police's agents and applayed siyassa saria (legal precedents). So, from the justice's exclusive possession practicised by judge, the muslim judicial system known many complementary and concurrent judicial agents
Al-bsherawy, Ammar. "La réception du contrat de crédit-bail par le droit positif irakien. Étude à partir des droits français et américain." Thesis, Lyon 3, 2014. http://www.theses.fr/2013LYO30077.
Full textThe receipt of the contract of finance lease in Iraqi positive law does not need an acculturation which would take the shape of submission or the assimilation to the legal rules having been elaborate in a different legal environment. To be integrated into Iraqi substantive law, the contract of finance lease must pass through the transplantation of French, American and Islamic models in the Iraqi legal system to form mixed law of special enforcement. To provide a satisfactory explanation for the adoption of a model of the contract of finance lease in the Iraqi legal system, it is essential to go beyond the often articulated approaches to legal changes. Seeking more specific proposals regarding the selection of legal innovation sources; the fit between the rules borrowed and the system in which they must be received, and the relationships between sectors of the two legal systems. The Iraqi legislator can not be limited a simple copy, because it must be sure to establish laws that are a reflection of the mentality and the Iraqi legal culture. It is therefore essential to further explore the forces that motivate the receipt of finance lease and defines its scope: the search for a legal system, legal culture, tax culture that is perceived as authentic or adequate. This analysis opens up new perspectives and raises a series of questions examined in the light of French, American and Iraqi rights. The points raised by the first part of this thesis show of strategies, approaches and the main obstacles of indirect legal transplantation of rules that have been developed in a non-Islamic environment. So the analysis of indirect receipt legal standards applicable to the contract of finance lease that the first part of the thesis is devoted. Next to the indirect receipt legal rules applicable of the contract of finance lease, a direct transplantation of accounting and tax standards is essential to receipt of contract finance lease the Iraqi positive law. The issue of receipt of an accounting and tax perspective will therefore be multiplied: One hand, reconciliation between the French accounting law, French tax law and, Iraqi accounting law, Iraqi tax law is desirable and sought after. In addition, reconciliation between the U. S. accounting law, U.S. tax law, having been inspired by the international accounting, and tax standards and Iraqi accounting law, Iraqi tax law is feasible. It is then compatibility and harmonization are sought. So the analysis of the direct receipt of accounting and tax rules applicable to the contract of finance lease that the second part of the thesis is devoted
Mazouz, Asmaa. "La réception du Code marocain de la famille de 2004 par le droit international privé français : le mariage et ses effets." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA028/document.
Full textThis work is to study the confrontation between two distinct legal systems relating to marriage and its effects. It is the receipt of the Moroccan family law which is of religious essence by the legal order french through its international law private, a legal secular. The first part of this book is devoted to understanding Moroccan marriage and its effects which is indispensable for the reception of foreign institutions by the french legal order. Achieve this, to understand the evolution of the marital institution since the creation of the first Code of the Moroccan family, until the reform of the latter in 2004. Ithighlights the assimilation by the Moroccan legislator of the marriage and its effects in a modern family Code while keeping its religious essence. This indispensable approach leads to understand the scope of the reform of the Moroccan wedding of 2004 and the difficulty that knows its application.Understanding its limits allows to capture the design of the concept of family in the Morocco of today.The second part is devoted to this concept through the Moroccan wedding reception and its effects byfrench private international law. The study of the application of the rules of private international law shows the difficulty that Moroccan law applicable on french territory despite the existence of the Franco-Moroccan agreement of 10 August 1981. Moroccan law is, despite its jurisdiction, either before a difficult qualification of its unknown institutions of the french legal system and in this case, it is denatured. It is against the intervention of the mechanism of the public order exception as its institutions and its rules are considered offensive the fundamental principles of the Forum and consequently, he was waived. By analyzing the methodology of french private international law, a certain relativism arises in the application of its provisions that shipments to wonder about the limits of respect for the fundamental values of the Forum. A relativism that struggles between pursuing the goal of private international law to harmonize two different systems
Lendrevie-Tournan, Isabelle. "Les transferts juridiques et juridictionnels en Égypte, l'héritage des années 1875-1949." Paris 1, 2008. http://www.theses.fr/2008PA010290.
Full text